NPR Reports: “Stephen Breyer: The Court, The Cases And The Conflicts”
This fascinating broadcast reveals how Justice Breyer makes decisions through a “living Constitution”. The broadcast states:
In Making Our Democracy Work: A Judge’s View, Supreme Court Justice Stephen Breyer outlines his ideas about the Constitution and about the way the United States legal system works.
Breyer, who was appointed to the Supreme Court by President Clinton in 1994, explains that he interprets the Constitution as a living document, in opposition to some of his colleagues — including Justice Antonin Scalia — who see it as a static and literal set of rules that do not change over time.
Breyer argues that the framers knew that the interpretation of the document would continue to change as America evolved — and that members of the Supreme Court should apply the Constitution’s values to modern circumstances.
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